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Recently, a state appellate court issued an opinion in a personal injury case involving an accident victim’s claim that the defendant landowner’s failure to trim the trees on their property was the cause of the plaintiff’s injuries. Ultimately, the court concluded that the defendant landowner did not owe the plaintiff a duty of care…

Recently, a state appellate court released a written opinion in an auto accident personal injury case discussing the issue of government liability as it pertained to a car accident that was allegedly caused by a police officer while he was responding to an emergency call. The case is important to New Mexico personal injury…

In many New Mexico car accident cases, courts are tasked with interpreting the written language of an insurance policy. This is because insurance policies are essentially written contracts, and are governed by contract law. However, due to the complex nature of the insurance business and the fact that all motorists must obtain car insurance,…

Historically, the state and federal governments were presumed to be immune from liability involving the negligence of government employees. Over time, however, this broad grant of immunity left many injury victims without any way to recover for their injuries, and the injustice of the rule became evident. Thus, the federal and state governments passed…

In a recent federal appellate opinion, the court dismissed a plaintiff’s case against the U.S. government based on the plaintiff’s failure to timely file her case after her initial claim with the United States Post Office (USPS) was denied. The case presents an important issue for New Mexico car accident victims because it involves…

In many New Mexico car accident lawsuits, the case is actually defended by the insurance company that provided coverage to the at-fault driver. Indeed, one of the major benefits of obtaining sufficient insurance coverage is that, by virtue of the policy agreement, the company agrees to defend any claims against the insured.When it comes…

Recently, a state appellate court rejected a plaintiff’s claim against a defendant employer after the plaintiff was injured in an accident caused by one of the defendant’s employees while the employee was on his way home from work. The case presents an interesting issue for New Mexico car accident victims who were injured in…

An insurance policy is essentially just a contract between the insured and the insurance company. The insurance company agrees to provide certain coverage, detailed in the policy, and the insured agrees to pay a stated premium. In some New Mexico car accidents, an insurance company’s obligation to provide coverage is clear. However, in many…

The State of New Mexico requires that all drivers maintain a certain amount of car insurance in order to legally operate a vehicle on the road. This requirement is designed to ensure that, in the event of a serious accident, the at-fault party has the ability to compensate the victim for their injuries. However,…

Recently, a state appellate court issued an opinion in a personal injury case requiring the court to determine if the jury was improperly instructed and, if so, what the remedy should be. The case is relevant to New Mexico car accident victims because it illustrates the importance of jury instructions, and what can be…